People v. Estrada

Respondent has moved to dismiss this appeal upon the ground that appellants have failed to comply with the provisions of rule II, section 7, of the Rules for the Supreme Court and District Courts of Appeal.

Appellants were sentenced on October 26, 1937, and thereupon gave oral notice of appeal. The clerk’s certificate, made on November 7, 1937, shows that up to that time no application had been filed as provided in the above-mentioned rule.

Said rule requires that “the appellant, must, within five days after giving notice of appeal, file with the clerk and present an application to the trial…